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Mum of girl with asthma won't be charged for non-attendance

The mother of a seven-year-old pupil with underlying health problems will not be prosecuted for keeping her out of classes due to coronavirus, the High Court has heard.

The reassurance was given as legal action was launched over the decision not to close schools across Northern Ireland.

Education Minister Peter Weir has insisted the shutdown will happen when the time is right, with the move to be based on expert clinical advice.

But the mother of a Co Armagh girl who has severe asthma is now seeking to judicially review his stance. Proceedings have also been taken against the Health Minister, the Education Authority (EA) and the Council for Catholic Maintained Schools.

Lawyers for the parent claim the current position is unlawful and contrary to the protections afforded to all citizens under the Human Rights Act.

During an emergency hearing a judge was told the mother fears she will be compelled to send her daughter to school, despite the health risks. Parents can be prosecuted if their child's attendance rate falls below 85%.

However, barrister Philip McAteer, for the ministers being challenged, indicated the EA has now confirmed that concerns in this case were unfounded.

"There would be no question of that child or parent being considered to be in breach, therefore there's no need for the child to attend school," he said.

A lawyer for the EA added the girl's circumstances meant she would not be prosecuted for non-attendance.

Mrs Justice Keegan said the confirmation should provide reassurance to families and added: "The people who are making decisions are in receipt of expert evidence and it's on that basis they make the decisions.

"There will be an argument about where this issue lies; it's clearly in the political arena and politicians are acting very quickly in relation to it."

Ronan Lavery QC, for the girl's mother, insisted issues of public confidence and transparency were at stake.

Emphasising the case is focused on health and safety, counsel said: "We understand the Education Authority is withdrawing outreach support staff in relation to schools. If it's not safe for them to be working there on the ground, it may not be safe for other people including children."

With the potential of a further challenge, the judge adjourned the case until tomorrow.

Belfast Telegraph